King v. Worth County Board of Education

749 S.E.2d 791, 324 Ga. App. 208, 2013 Fulton County D. Rep. 3128, 2013 WL 5543400, 2013 Ga. App. LEXIS 816
CourtCourt of Appeals of Georgia
DecidedOctober 9, 2013
DocketA13A1578
StatusPublished
Cited by4 cases

This text of 749 S.E.2d 791 (King v. Worth County Board of Education) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
King v. Worth County Board of Education, 749 S.E.2d 791, 324 Ga. App. 208, 2013 Fulton County D. Rep. 3128, 2013 WL 5543400, 2013 Ga. App. LEXIS 816 (Ga. Ct. App. 2013).

Opinion

ELLINGTON, Presiding Judge.

Pursuant to a granted application for discretionary review, Calvin King appeals from the order of the Superior Court of Worth County affirming the Worth County Board of Education’s decision not to renew King’s teaching contract. King contends that the superior court erred, and that the local school board’s decision must be reversed. He contends that the school board’s decision was based upon inadmissible evidence and that he was not given sufficient notice of the grounds for the nonrenewal of his teaching contract. Finding no error, we affirm.

“Not unlike the State Board and the superior court, this Court as an appellate body applies the ‘any evidence’ standard of review to the record supporting the initial decision of the Local Board.” (Citations omitted.) Chattooga County Bd. of Ed. v. Searels, 302 Ga. App. 731, 732 (691 SE2d 629) (2010); OCGA § 20-2-1160 (e); Terry v. Houston County Bd. of Ed., 178 Ga. App. 296, 297 (342 SE2d 774) (1986) (accord). “Courts are reluctant to substitute their judgment for that of a school board where its exercise of judgment does not violate the law. We presume that the actions of the board are not arbitrary and capricious, but are reasonable unless there is clear evidence to the contrary.” (Citation omitted.) Brawner v. Marietta City Bd. of Ed., 285 Ga. App. 10, 15 (646 SE2d 89) (2007); see also Moulder v. Bartow County Bd. of Ed., 267 Ga. App. 339, 340 (599 SE2d 495) (2004) (accord). Our review is deferential because

[s]tates and local authorities have a compelling, legitimate interest and broad discretion in the management of school affairs. Moreover, teachers and principals are considered professionals whose services are affected with the public interest. It follows that state and local authorities have a legitimate interest in securing the employ only of those fit to serve the public interest.

(Citation and punctuation omitted.) Terry v. Houston County Bd. of Ed., 178 Ga. App. at 297.

The record contains the following relevant facts. King was a school teacher employed by the Worth County school system during the 2010-2011 school year. Because he had failed to renew a certificate required for his continued teaching at the high school level, the school system transferred King to the Worth County Middle School to monitor the “in-school suspension” (“ISS”) classroom for the 2010-2011 school year. An ISS teacher does not instruct students; rather, [209]*209the ISS teacher monitors students sent into the detention program to make sure that they are completing the course work assigned by their classroom teachers.

In April 2011, the superintendent of the Worth County schools advised King that the school system would not be renewing his contract. After King requested a hearing, the superintendent sent him a letter detailing the reasons for the nonrenewal and listing 39 potential witnesses against him. The letter alleged that he was subject to dismissal under Georgia’s Fair Dismissal Act,1 OCGA § 20-2-940 et seq., based upon allegations of insubordination, incompetence, wilful neglect of duties, and a physical altercation with a student, all of which the superintendent alleged occurred during the 2010-2011 school year.2 The letter further asserted that, “[ajlthough now exacerbated, [King has] had these type problems for the past eight years,” and that he has received numerous letters of correction, two reprimand letters, and several professional development plans.

After a hearing, the local school board found that King had been, during his 2010-2011 contract year, insubordinate and incompetent, and that he had wilfully neglected his duties to an extent that constituted good and sufficient cause to justify the nonrenewal of his contract. The record evidence shows that, during the 2010-2011 school year, King had disregarded school policies and ISS class protocols3 and had engaged students in ‘busy work” instead of ensuring that they had completed their prepared lessons. The record [210]*210supports the board’s finding that King had disregarded school policy by failing to properly monitor his students, and the record shows that he had been tardy to the classroom on several occasions, that he had left his classroom unattended repeatedly, and that he had allowed his students to roam the school grounds unsupervised. The record shows that King disregarded school policy by failing timely to conduct and to report roll calls that were necessary to determine if students were in the classroom. The record also shows that King did little to assist the students in completing their lessons, often allowing them to sleep or to play in what was described as a “disorderly” classroom. King also admitted that, on September 17, 2010, he grabbed a female student’s shirt collar in an angry reaction to her bringing a cookie to class and that he was formally reprimanded for that act.

During the school year, the principal, administrators, and teachers wrote to or met with King on a number of occasions to discuss these problems, to make suggestions, or to prepare professional development or remediation plans for him. The principal asked another ISS teacher and a school psychologist to help King develop strategies for managing his class and for satisfying the school’s policies and protocols. Despite these efforts, King’s problems persisted. Moreover, King was occasionally rude, disrespectful, or belligerent to his co-workers and the principal. The record shows that King failed his February and March 2011 teacher evaluations, rarely meeting expectations and usually falling far short of them.

Finally, the board considered evidence showing that King’s problems managing the ISS students were unique to him, rather than a problem with the design of the ISS class, and that King had a history of poor performance as a teacher. For example, the principal of the school where King was previously employed testified that he had had “constant problems” with King over a six-year period, including his tardiness, his failure to follow school protocol, and his inability to handle even minor disciplinary problems involving students. King’s conduct had, over the years, resulted in a number of reprimand letters.

Based on the above evidence, the local school board affirmed the school system’s decision not to renew King’s teaching contract. King appealed the decision to the State Board of Education, which reversed. The State Board concluded that the local board had erred by considering evidence of incidents — performance evaluations, letters of reprimand, and professional development plans — from previous contract years. The State Board concluded that the local board’s consideration of these incidents was improper because it had not received a “limiting instruction” explaining that it could only consider the prior incidents for the sole purpose of establishing a “course of [211]*211conduct” and because the local board gave “equal weight” to the prior incidents in reaching its decision. The local board appealed the State Board’s decision to the superior court, which reversed, finding that there was sufficient evidence to support the local board’s decision.4

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749 S.E.2d 791, 324 Ga. App. 208, 2013 Fulton County D. Rep. 3128, 2013 WL 5543400, 2013 Ga. App. LEXIS 816, Counsel Stack Legal Research, https://law.counselstack.com/opinion/king-v-worth-county-board-of-education-gactapp-2013.